Section 5000.100  Authority

 

These rules are promulgated under authority of Illinois Revised Statutes, chapter 127, paragraphs 51, 63b13.2, 63b13.6, 63b13.7, 63b13.10, 63b13.11, 63b13.12, 63b13.13, 63b13.14, 63b13.22, 63b13.24 and 133b10.1.

 

Section 5000.110  Policy

 

The Department of Central Management Services (DCMS) will lease space in privately owned buildings when space needs cannot be met in State owned space or in other government owned space; will establish standards and criteria for leased space and space assignment; will manage certain public buildings for the benefit of the State and assign space therein; will lease State owned lands when not necessary for immediate State use; will acquire real property by voluntary conveyance from the public or other governmental bodies or when necessary by condemnation; and will dispose of real property no longer needed for State purposes.

 

Section 5000.120  Applicability

 

This Part applies to any activity of the Department of Central Management Services pertaining to the acquisition, management or disposal of State owned or leased real property.  This Part shall be read in conjunction with applicable provisions of the Standard Procurement Rules, 44 Ill. Adm. Code 1.  In the event of any conflict, this Part shall prevail over the Standard Procurement Rules.  Department of Central Management Services authority is divided as follows:

 

a)         For purposes of leasing office and other space, the DCMS shall conduct all leasing activities as described herein for all State agencies, authorities, boards, commissions, departments, institutions, bodies politic and all other administrative units of outgrowths of the executive branch of State government except the Constitutional officers, the State Board of Education and the State colleges and universities and their governing bodies.

 

b)         For purposes of space assignment in DCMS managed buildings, all agencies must abide by this Part.

 

c)         For purposes of leasing State land, DCMS has primary authority over land controlled by the several departments.  No department may lease State land without the approval of DCMS except that the Departments of Natural Resources, Transportation and Agriculture may lease land under their jurisdiction to comply with program functions.

 

d)         Only DCMS may dispose of surplus State land.

 

e)         Any State agency, board, commission, etc., not required by statute or rule to use DCMS real estate services, may elect to do so.

 

(Source:  Amended at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.200  General Policy and Responsibility

 

The following policies shall govern the acquisition, assignment and utilization of owned and leased office buildings and other space:

 

a)         In providing general purpose space, DCMS will establish and maintain a balance between functional efficiency of agencies served and economy in space use.  Due regard shall be given to maintaining and providing safe and healthful working conditions and to public convenience.

 

b)         Maximum use shall be made of existing State-owned permanent buildings which are adequate or economically adaptable to the space needs of the agencies.

 

c)         Leased space shall be acquired only when satisfactory State-owned or controlled space is not available.  Alterations and improvements to leased space shall be avoided or minimized to the extent practical.

 

d)         Space planning and assignments shall take into account the objective of consolidating agencies and constituent parts thereof in common or adjacent space to improve management and administration.

 

Section 5000.210  Requests for Space/Agency Responsibilities

 

a)         Agencies shall indicate their space needs by submitting a Space Request form to the DCMS office responsible for the geographic area in which the space is required.

 

b)         Agencies shall give the Department of Central Management Services early notice of new or changing space requirements.  Each agency shall provide information as may be required by the Department of Central Management Services.

 

c)         Agencies shall economize in their requirements for space and alterations thereto.  Agencies shall review continuously their needs for space taking into account the feasibility of centralizing or decentralizing service or activities which can be carried on without excessive cost or significant loss of efficiency.

 

d)         Each agency head shall certify the need for space required, the number of personnel to occupy the premises and the availability of funds on each Space Request submitted to DCMS.

 

e)         Agencies shall cooperate and assist the Department of Central Management Services in carrying out responsibilities with respect to buildings and space.

 

f)         Each agency shall designate a coordinator to deal with DCMS on real estate matters.

 

(Source:  Amended at 46 Ill. Reg. 3106, effective February 14, 2022)

 

Section 5000.220  Acquisition Authority

 

a)         DCMS will take all necessary action to acquire space for agencies having no acquisition authority.  Such action shall be instituted after receipt by DCMS of a written space request.

 

b)         When the agency has acquisition authority or has been delegated such authority by the Department of Central Management Services, it may proceed to acquire the requested space.  In granting delegation of leasing authority DCMS will consider the expertise of the requesting agency, the size or dollar amount of the proposed lease or leases, and if the authority requested is necessary to carry out a routine function of the requesting agency.  Delegated authority will be shown on the Space Request Form which shall be attached to the leasing or related instrument filed with the State Comptroller.

 

c)         Agencies are delegated authority to obtain short-term conference or meeting space.  State-owned space is to be used in preference to leasing space.  Space request forms need not be sumitted.

 

Section 5000.230  General Acquisition Procedures

 

a)         DCMS will review State-owned space and space leased by other agencies which may be suitable to fill the agency space request.  Such space, because it involves no outside expenditure or because use would avoid unnecessary lease costs, will be used in preference to newly acquired leased space.  Exceptions will only be granted upon strong justification submitted by the head of the agency requesting space.

 

b)         If no suitable State-owned or controlled space is available, DCMS will so advise the requesting agency.

 

c)         To help ensure that DCMS personnel have awareness of comparable facilities, DCMS will periodically solicit information from property owners and managers regarding space that might be available for State use.

 

d)         Acquisition of space by lease will be on the basis most favorable to the State, with due consideration to maintenance and operational efficiency.  In those instances where alterations to a property are needed, DCMS will review and approve the scope of work and method of payment prior to the commencement of work.  Agencies are not to perform alterations to leased properties or enter into contracts for alterations without DCMS approval.  DCMS will not, however, approve any lease or renovations therein without the agency desiring the space making a positive recommendation.  Factors that could influence the decision to approve alterations include but are not limited to:  length of term, cost relative to base cost, cost of base plus alterations compared to other site costs, degree of permanency of alterations, and demonstrated program need for alterations.

 

e)         DCMS shall determine the appropriate term for a given lease (not to exceed 10 years unless paid solely by federal funds) and negotiate accordingly.  The particular terms and conditions of a given lease will in general conform to DCMS standard lease form provisions.  Changes, additions or deletions to these terms shall be at DCMS' discretion.  Agency input will be solicited prior to negotiation.

 

f)         DCMS will attempt to negotiate a favorable renewal option, State-option cancellation clause, and purchase option provision when appropriate.

 

g)         All leases shall be accompanied by a full written disclosure of the identity of every owner and beneficiary having any interest in the premises being leased.

 

1)         Such disclosure shall be subscribed and sworn or otherwise affirmed on oath by an owner, authorized trustee, corporate official, or managing agent.

 

2)         Such disclosure shall set forth all ownership interests.  By way of example, the disclosure should identify the names of the beneficiaries of a land trust in addition to the trustee, the names of all partners whether general or limited in nature, and the names of all shareholders in a corporation who are entitled to receive more than 7½% of the total distributable income of the corporation.  If stock in a corporation is publicly traded and no readily known individual owns more than a 7½% interest, then the requirements of this rule may be met by an officer or managing agent of the corporation making an affirmative statement to this effect under oath.

 

3)         Such disclosure shall set forth the identity of any State officer, employee or elected official, or the wife, husband, or minor child of such person having an ownership or beneficial interest under the lease.  In the event such person is so set forth, the disclosure shall include a specific designation of the percentage of the total distributable income such person, together with that of the wife, husband, or minor child of such person, is entitled to receive from any firm, partnership, association, or corporation which is the lessor.

 

4)         It shall be the responsibility of the lessor to notify DCMS of any changes in ownership or beneficial interest and to submit updated disclosure statements reflecting such changes within 30 days after such change.

 

h)         All leases shall be in writing and shall include:

 

1)         a provision that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the lease.

 

2)         a termination option in favor of the State after 5 years.

 

i)          Space that is not in compliance with the applicable accessibility regulations (see Appendix A) or is not capable of being brought in compliance with the installation of minimum essential features of accessibility by the time of occupancy, shall not be considered for use.

 

j)          A copy of all leases whose annual rent is $10,000 or more shall be filed with the Comptroller within 15 days after their execution by the Director of DCMS.

 

k)         In selecting sites, preference may be given to sites located in enterprise zones, TIF districts, or redevelopment districts when requested by the Chief Executive Officer of a unit of local government located within the boundaries of the site search area.

 

(Source:  Amended at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.231  Acquisition of Leases by RFI

 

All leases, except those falling under the exceptions listed in Section 5000.232 or emergency procurements (Section 5000.250) will be acquired as follows.

 

a)         All leases will be procured by a Request for Information (RFI).  RFIs will contain at a minimum the following information:

 

1)         A description of the general type of property to be leased.

 

2)         The proposed use of the property.

 

3)         The proposed term of the lease.

 

4)         Preferred location of the property.

 

5)         General information such as size of space, configuration desired and any other appropriate requirements.

 

6)         Address to which requests for proposal may be sent.

 

7)         Date on which responses are due.

 

b)         Notices of the RFI shall be:

 

1)         published at least 14 days prior to the deadline for responding in both the Illinois Procurement Bulletin and a newspaper having general circulation in the area in which space is being sought.

 

2)         of an appropriate size to draw attention and shall be placed in the legal advertisement section.

 

c)         A proposal package shall be mailed to all parties requesting one in writing.  Proposal packages may also be mailed to owners of property that may meet the State's needs.

 

d)         Proposal packages shall at a minimum include:

 

1)         A Proposal Form.

 

2)         A copy of the Agency Program Requirements.

 

3)         An envelope for submitting the proposal.

 

4)         The date on which proposals must be submitted.

 

e)         All responses to the RFI will be publicly opened on the announced opening date.  Names of all parties submitting proposals will be made available to the public.

 

f)         DCMS representatives may conduct discussions with respondents to further clarify the needs of the State or obtain further information on responses.

 

g)         On the basis of the responses to the RFI, the Director of DCMS or his designee shall make a written determination of which RFIs submitted are responsive to the State's basic criteria.

 

h)         DCMS representatives will enter into negotiations with all parties submitting responsive RFIs for the purpose of obtaining the best terms for the State.  A written record of all negotiations will be maintained by DCMS.

 

i)          The DCMS leasing manager shall review all relevant information and shall recommend to the Director of DCMS which proposal should be accepted.

 

j)          The Director of DCMS will make the final award, which will be announced in the Illinois Procurement Bulletin.

 

k)         The lease will be reduced to writing and executed by all parties.

 

l)          Should the lowest priced proposal not be selected, the Director of DCMS shall publish notice, along with the reasons for such selection, in the next available edition of the Procurement Bulletin.

 

m)        The State reserves the right to reject any and all proposals and to request and evaluate "best and final" proposals.  All decisions on compliance, evaluations, terms and conditions shall be made solely at the State's discretion and made to favor the State.

 

(Source:  Added at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.232  Leases Acquired by Other Methods

 

a)         The following types of leases may be acquired without a formal RFI process.

 

1)         Leases of less than 10,000 square feet as determined by DCMS space measurement standards (see Appendix A).

 

2)         Leases whose base rent is estimated to be less than $100,000 per year.

 

3)         Leases whose term is less than one year and whose term is not subject to renewal.

 

4)         Specialized space available only at one location.  Specialized space is defined as space or unique function or configuration, not generally available on the market on an as built or turnkey basis.  Examples of specialized space include, but are not limited to:  laboratories, vehicle testing stations, correctional facilities, medical facilities, boat docks and evidence storage facilities.

 

5)         Leases with other governmental units.

 

b)         Acquisition of such leases shall be by negotiation.  Written summaries of all negotiations shall be maintained in DCMS files.

 

c)         DCMS is not restricted to negotiating only with those who respond to advertisements.  DCMS shall remain responsible to consider other buildings or space known to meet general criteria.

 

d)         Recommendation of sites shall be reduced to writing and the final determination shall be made by the Director of DCMS.  Reasons for selection shall be documented and maintained in DCMS lease files.

 

e)         None of the above shall prohibit the Director of DCMS from ordering a lease procurement to be made under the RFI provisions of Section 5000.231 if the Director deems it in the best interests of the State.

 

(Source:  Added at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.233  Renewal or Extension of Lease in Effect Prior to July 1, 1998

 

Leases in effect prior to July 1, 1998 may be renewed or extended without advertisement or an RFI process if:

 

a)         The Director of DCMS determines that the renewal or extension is in the best interest of the State.

 

b)         The Director submits that determination in writing, along with the proposed renewal or extension, to the State Procurement Board.

 

c)         The Board does not object in writing within 30 days after submission.

 

d)         The Director of DCMS publishes notice of the renewal or extension in the next available issue of the Procurement Bulletin.

 

(Source:  Added at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.234  Renewal of Leases Entered into After July 1, 1998

 

a)         Leases may be renewed if:

 

1)         The Director of DCMS determines in writing that such renewal is in the best interest of the State.

 

2)         Notice of such renewal is published in the Procurement Bulletin at least 60 days prior to the exercise of such option.

 

b)         Documentation justifying renewals shall be maintained in DCMS lease files.

 

(Source:  Added at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.235  Purchase Options

 

a)         All leases of free standing facilities shall contain an option to purchase exercisable by the State.

 

b)         Purchase options may be omitted if:

 

1)         The lease is with a governmental entity or a not-for-profit entity.

 

2)         The Director of DCMS determines that a purchase option is not in the State's best interest and publishes his/her written determination in the Procurement Bulletin.

 

(Source:  Added at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.240  Lease Administration

 

a)         DCMS will perform all functions of leasing building space and land. Agencies otherwise authorized to acquire space by lease may request DCMS to perform such leasing functions in specific instances.

 

b)         Officials or employees of agencies for which DCMS will acquire leased space shall at no time, before or after a space request is submitted to DCMS or after a lease agreement is made, directly or indirectly contact lessors, offerors, or potential offerors for the purpose of making oral or written representation or commitments or agreements with respect to the terms of occupancy of particular space, tenant improvements, alterations and repairs, unless authorized by DCMS.  Consequently, when it is ascertained by DCMS that an unauthorized contact has been made, lease acquisition action may be deferred until its nature and impact can be determined.  Whenever an unauthorized contact is judged by the responsible DCMS leasing official to be detrimental to the State's interest, further leasing action may be suspended for such time as may be required to eliminate or minimize the detrimental impact.

 

c)         Lessors, offerors, or potential offerors, or their agents, shall be referred to the appropriate DCMS office.

 

d)         Agencies shall not negotiate lease terms, negotiate settlements, withhold rentals, or vacate a leased property without the prior approval of DCMS.  Agencies are encouraged to deal with minor landlord/tenant problems (i.e., minor repairs, building comfort complaint, etc.) at a local level. Any significant difficulties shall immediately be reported to the appropriate DCMS Office for handling.  All problems shall be noted on the local level on the forms provided by DCMS for this purpose and proper records maintained for use in the event a specific problem goes unresolved and further action is required.

 

e)         Each agency is responsible for budgeting sufficient money in appropriate line items to cover all obligations.  Payments are to be made by the occupying agency and will not be considered the responsibility of DCMS.

 

f)         Except when deemed by the State Procurement Board to be in the best interest of the State, no State agency may incur rental obligations before occupying the space rented.

 

(Source:  Amended at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.250  Emergency Lease Procurement

 

Emergency lease procurements may be made pursuant to 44 Ill. Adm. Code 1.2030 of the  Standard Procurement Rules.

 

(Source:  Amended at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.300  Scope

 

This section outlines requirements for leased buildings in their design, construction, or in improvements thereto.

 

Section 5000.310  Area Measurement

 

a)         Area measurement for the purpose of calculating rentable area will be based on the following standards where the State is the exclusive tenant. (Also refer to subsection (d) below.) [Derived from "Standard Method for Measuring Floor Area in Office Buildings", Building Owners and Managers Association International, 1201 New York Avenue, N.W., #300, Washington, D.C. 20005, Copyright 1983, no subsequent dates or editions, Building Owners and Managers Association (BOMA) International. Reproduced with permission of BOMA International. To order, call 1-800-426-6292.]

 

1)         Where the State is the exclusive tenant on a single floor of a multi-story building, the rentable area shall include the entire area within the exterior walls measured to the inside finished surface of the dominant portion of the permanent outer building walls excluding any major vertical penetrations of the floor and walls enclosing those penetrations (e.g., elevators, shafts, duct chases, pipe chases and stairways).  Public corridors, restrooms, janitor closets, utility closets and machine rooms serving the single floor exclusively shall be included as rentable area.

 

2)         Where the State is the exclusive tenant in a one story building those areas excluded in (a)(1) above, will be included in the rentable area.

 

3)         Where the State is the only tenant in a multi-story building, those areas excluded in (a)(1) will be included in the rentable area.

 

b)         Area measurements for the purpose of calculating rentable area will be based on the following standards where the State is not an exclusive tenant. (Also refer to subsection (d) below.) [Derived from "Standard Method for Measuring Floor Area in Office Buildings", Copyright 1983, Building Owners and Managers Association (BOMA) International.  Reproduced with permission of BOMA International. To order, call 1-800-426-6292.]

 

1)         Where there are multiple tenants on the same floor in a multiple-story building, or on the same floor in a one-story building, the rentable area shall be calculated by measuring from the inside finished surface of the dominant portion of the permanent outer building walls to the office side of any corridor wall or other permanent wall and to the center of demising walls separating rentable areas.

 

2)         Where there are multiple tenants on the same floor in a multiple-story building, or on the same floor in a one-story building, the rentable area shall include the percentage of floor common area equal to the percentage of usable area on that floor occupied by the State tenant.  Floor common area includes public corridors, restrooms, janitor closets, utility closets and machine rooms used in common with other tenants.  Floor common area does not include elevator shafts, duct chases, pipe chases and stairways.

 

3)         Where the State is one of multiple tenants in a multi-story building, the rentable area may not include public areas of the main lobby floor and areas such as atriums, health clubs, conference centers, tenant lounges, vending areas or other common building amenities for the beneficial use of all building tenants.

 

c)         Area measurements for the purpose of calculating rentable area will be based on the following standards where the State leases space in a ground floor Store Area.  (Also refer to subsection (d) below.) [Derived from "Standard Method for Measuring Floor Area in Office Buildings", Copyright 1983, Building Owners and Managers Association (BOMA) International.  Reproduced with permission of BOMA International. To order, call 1-800-426-6292.]

 

1)         Where the State is the exclusive tenant, subsection (a) above is applicable, except for street frontages where measurements shall be taken from the building line instead of the inside finished surface of the dominant portion of the permanent outer building walls.

 

2)         Where the State is not an exclusive tenant, subsection (b) above is applicable, except for street frontages where measurements shall be taken from the building line instead of the inside finished surface of the dominant portion of the permanent outer building walls.

 

3)         No deductions shall be made for vestibules inside the building line or for columns or projections necessary to the building.

 

4)         No additions shall be made for bay windows extending outside the building line.

 

d)         Area measurements for the purpose of calculating rentable area will be based on the following standards where the State is the exclusive tenant and where the State is not an exclusive tenant. [Derived from "Standard Method for Measuring Floor Area in Office Buildings", Copyright 1983, Building Owners and Managers Association (BOMA) International.  Reproduced with permission of BOMA International. To order, call 1-800-426-6292.]

 

1)         The inside finished surface of the dominant portion of the permanent outer building wall may be a glass surface, interior wall or other surface.

 

2)         No deductions shall be made to the rentable area for elements necessary to maintain the building's structural integrity (e.g., columns, bracing, etc.).

 

3)         Central boiler rooms and mechanical, electrical or communications equipment rooms serving more than one floor and more than one tenant shall be excluded from rentable areas.  Mechanical penthouses, mechanical, electrical or communications equipment rooms located on floors containing no tenant space are excluded from rentable area.

 

4)         Exterior area such as balconies, terraces, open courtyards, open air walkways, exitways or corridors and enclosed skywalk systems are not included as rentable areas.

 

5)         Parking spaces are not included in rentable area.

 

6)         Basement storage areas are not included in rentable area, unless the basement also includes occupiable tenant space.

 

e)         Area measurement for the purpose of calculating construction area will be based on the following standards. [Derived from "Standard Method for Measuring Floor Area in Office Buildings", Copyright 1983, Building Owners and Managers Association (BOMA) International.  Reproduced with permission of BOMA International.  To order, call 1-800-426-6292.]

 

1)         Where the State occupies a building not constructed for the exclusive use  of the State, the construction area shall equal the rentable area for initial tenant build-out work and all tenant improvement work.

 

2)         Where buildings are constructed for the exclusive use of the State, the construction area shall include the entire area within the exterior walls measured to the outside finished surface of permanent outer building walls. The construction area of the building shall be the sum of the construction areas of all enclosed floors including basements, mechanical equipment floors and penthouses.

 

f)         The standards for area measurement are based upon the American National Standard ANSI Z65.1 - 1980, "Standard Method for Measuring Floor Area in Office Buildings", Copyright 1983, Building Owners and Managers Association (BOMA) International.  Reproduced with permission of BOMA International.  To order, call 1-800-426-6292.  The State shall have the exclusive right to interpret the standards herein.

 

g)         Changes to area measurement standards herein will not result in increased monthly rental payments prior to the expiration of the current term of the lease following  the adoption of these rules.

 

(Source:  Amended at 19 Ill. Reg. 585, effective January 9, 1995)

 

Section 5000.320  Space Planning Assistance

 

DCMS shall aid agencies in the preparation of the initial space layout. When an agency requires subsequent space layout assistance, a request for such assistance shall be made to DCMS.  DCMS will determine the scope of assistance required and will provide or authorize such service.  No contractual space planning is authorized without DCMS approval.

 

Section 5000.330  Open Space

 

Newly acquired or remodeled space shall, to the extent practical, utilize open space planning and modular partitions.  Private offices should be provided only when there is a demonstrated functional need.  They should be only large enough for the occupant to conduct normal business in an efficient manner and with a reasonable degree of privacy.

 

Section 5000.340  Space Allowance and Standards

 

a)         In Appendix A, DCMS is providing space standards that support efficient and cost-effective use of facilities, support flexibility, and provide employees with productive work environments.  These space standards dictate the allotment of individual, collaborative, and support space.  In planning office space, size and layout shall be consistent with the standards listed in Appendix A.  Agency implementation of these space standards shall be done in cooperation with DCMS and shall support the needs of the agency.  These DCMS space standards are implemented to reduce costs, optimize the State facilities portfolio, and minimize construction costs, while providing employees with better workspace in which they can collaborate, focus, and serve the citizens of the State of Illinois.

 

b)         These standards shall apply to upgrades, renovations and new construction of State agency facilities.  No rearrangement or remodeling of existing space will be authorized for the sole purpose of conforming to these standards.

 

c)         Individual agency functions and needs, and physical variations in State property, may require variations in the amount of space assigned.  The division of agency space into private, semi-private and open areas will be evaluated by DCMS on a case-by-case basis.

 

(Source:  Amended at 44 Ill. Reg. 14851, effective September 1, 2020)

 

Section 5000.350  Office Furnishing

 

a)         State agencies are expected to exercise restraint in specifying furnishings and equipping their offices.  All alterations and amenities should meet the test of reasonable cost.

 

b)         As long as an office is in good repair and suitable to the function of the position to which it is assigned, it is the policy of DCMS to discourage personal preferential modifications with a change in occupant.

 

Section 5000.360  Accessibility

 

Each leased facility shall be accessible to individuals with disabilities. Each lease of office space negotiated by DCMS will contain specifications for accessibility.

 

(Source:  Amended at 46 Ill. Reg. 14691, effective August 11, 2022)

 

Section 5000.370  Vending Facilities/Blind Operators

 

The DCMS will make agency space requests available for inspection by the Department of Rehabilitation Services (DORS).  If DORS determines that blind vendors are available and could operate in a particular location, DCMS along with DORS will attempt to obtain space at no cost or if agreeable to the using agency to be absorbed by that agency.

 

Section 5000.380  Improvements

 

a)         It is the policy of DCMS to rent private space that requires minimal improvements to meet State needs. Temporary and permanent improvements may, however, be necessary to make the property appropriate for State use. When necessary, these improvements are an integral part of the lease.

 

b)         It is also recognized that improvements to leasehold property could result in enrichment of the building owner. Unjust enrichment shall be avoided and will be controlled using the following guidelines.

 

c)         Temporary Improvements

 

1)         These are defined as goods and services provided to meet the specific physical needs of the agency occupying leased space. Temporary improvements are those which primarily benefit the tenant although there may be coincidental benefits to the lessor after the term of the lease. Value of temporary improvements will generally be fully depreciated by the end of the lease. Examples of temporary improvements include, painting, carpeting, interior non-load bearing office partitions and provision of wiring, lighting, heating and cooling beyond minimal building standards to satisfy agency needs for electronic or scientific equipment or other such reasons.

 

2)         Temporary improvements may be contracted for as a provision in a lease, as a lease amendment or as a separate contract. In any event the temporary improvement is integrally related to DCMS leasing authority and must be approved by DCMS.

 

3)         DCMS will approve temporary improvements only upon a showing that the requested services and incidental goods are necessary for the operation of the agency and are of a quality designed to last for the lease or some lessor period. DCMS may suggest or require alternatives to the temporary improvements requested by the agency.

 

4)         Payment for temporary improvements may be made as an addition to base rent made in monthly installments over the term of the lease. If more beneficial, a single additional payment may be made to cover costs of temporary improvements.

 

d)         Permanent Improvements

 

1)         These are defined as goods or services provided to meet basic occupancy requirements of habitability, building and health code compliance, and fitness for the general purpose intended, i.e. for office as opposed to warehouse space, etc. Permanent improvements are those which would clearly benefit the lessor beyond the term of the lease. Value of permanent improvements will generally not be fully depreciated under normal depreciation tables. Examples of permanent improvements include structural work; provision of basic heating and air conditioning units; utility service; restrooms and elevators; paving and insulation.

 

2)         Permanent improvements may only be contracted for in the initial lease or as an amendment to the lease.

 

3)         DCMS will review all requests for permanent improvements and determine whether they are necessary, whether a temporary improvement could suffice or whether another location would prove more cost effective.

 

4)         All permanent improvement items will be assigned a normal life for depreciation purposes and the cost of such improvements will be noted. The State will not pay more than its proportionate share of the permanent improvement cost as shown by the lease term divided by the normal life times the actual cost.

 

5)         If circumstances require full payment during the term, the lease will provide for:

 

A)        renewals at the State's option in initial lease term increments until improvement is fully amortized, and

 

B)        option to remove any permanent improvement which it paid for, leaving the building in the condition it was in at the start of the lease, or

 

C)        a rebate of the unamortized value of the permanent improvements.

 

6)         A purchase option at fair market value less value of permanent improvements may substitute for subsections(d)(4) and (5) in extraordinary circumstances.

 

e)         Economy in the procurement of improvements shall be practiced. If the cost of improvements to be paid by the State exceeds $50,000, the Department of Central Management Services shall provide a fair and reasonable cost analysis.

 

f)         Any improvements should be consistent with DCMS published standards. Modifications or deviations must be approved by DCMS and made a part of the lease file.

 

(Source:  Amended at 46 Ill. Reg. 14691, effective August 11, 2022)

 

Section 5000.400  Assignment and Management by DCMS

 

a)         DCMS will perform all functions with respect to the assignment and reassignment of space and management in the following buildings and any others transferred to DCMS or placed under the control of DCMS.

 

1)         Peoria Regional Office Building

 

5415 North University

Peoria, Illinois 61614

 

2)         Springfield Regional Office Building

 

4500 South 6th Street

Springfield, Illinois 62703

 

3)         Champaign Regional Office Building

 

2125 South 1st Street

Champaign, Illinois 61820

 

4)         Illinois State Armory Building

 

124 East Adams

Springfield, Illinois 62706

 

5)         Marion Regional Office Building

 

2309 West Main Street

Marion, Illinois 62959

 

6)         Kenneth Hall Regional State Office Building

 

#10 Collinsville Avenue

East St. Louis, Illinois 62201

 

7)         Rockford Regional Office Building

 

4402 North Main Street

P. O. Box 915

Rockford, Illinois 61105

 

8)         E.J. "Zeke" Giorgi Center

 

200 South Wyman

Rockford, Illinois 61101

 

9)         State of Illinois Building

 

160 North LaSalle

Chicago, Illinois 60601

 

10)         Office and Laboratory Building

 

2121 West Taylor Street

Chicago, Illinois 60602

 

11)         Central Computer Facility

 

201 West Adams

Springfield, Illinois 62706

 

12)         Elgin Office Building

 

595 South State Street

Elgin, Illinois 60120

 

13)         James R. Thompson Center or JRTC

 

100 West Randolph

Chicago, Illinois 60601

 

14)         Suburban North Regional Building

 

9511 Harrison

Des Plaines, Illinois 60017

 

15)         The Ash Street Complex

 

Eleventh and Ash

Springfield, Illinois 62703

 

16)         Effingham Regional Office Building

 

401 Industrial Drive

Effingham, Illinois 62401

 

b)         DCMS may, in accordance with 20 ILCS 405/67.22, and after consultation with the agencies affected, assign and reassign space in the above buildings after determining that such assignment or reassignment is advantageous to the State in terms of economy, efficiency, or security.

 

(Source:  Amended at 20 Ill. Reg. 15002, effective November 7, 1996)

 

Section 5000.410  Assignment by Agencies

 

Agencies may perform all internal assignments and reassignments of space within space assigned by DCMS.

 

Section 5000.420  Reviews and Appeal of Space Assignment Actions

 

a)         Agencies may, at any time, request a review of space assignment actions.  Space assignment actions include but are not limited to space allowances, measurements, classifications, layouts, delineated areas, recommended offers, and proposed relocation.  Requests for review shall be directed in writing to the appropriate DCMS office which will furnish a written response.

 

b)         Within 30 calendar days after the agency has been notified of the space assignment decision, an appeal may be filed by the agency head with the Department of Central Management Services.  Substantial justification should be furnished that the decision was arbitrary, capricious, or not supported by fact.  The Director will render the agency's decision within 30 calendar days of receipt of the appeal.

 

Section 5000.430  Services Provided

 

In all buildings listed in Section 5000.400 the following services are generally provided.  Variations from the lists will be noted to the occupying agency.

 

a)         Provided:

 

1)         Heat for comfortable occupancy during normal business hours, 8 a.m. to 6 p.m.

 

2)         Cleaning of leased and public spaces and removal of waste paper.  This will normally be done nightly, Monday thru Friday, unless the Department of Central Management Services should determine that less frequent cleaning and removal of waste paper is satisfactory.

 

3)         Electricity for lighting and ordinary office machines and for such air conditioning machines as are connected to the building's circuits on January 1, 1982, and such additional air conditioning capacity as may be approved by the Department of Central Management Services.

 

4)         Elevator service.

 

5)         Window washing.

 

6)         Hot and cold running water through existing pipes.

 

7)         Window shades.

 

8)         Original and replacement supply of incandescent light bulbs and labor to replace same when burned out for building light fixtures, but not for floor or desk lamps.

 

9)         Labor to replace fluorescent tubes and starters in building light fixtures.  Fluorescent tubes (except those of non-standard size and design) and starters will be provided.

 

10)         Venetian blinds cleaning when spaces are decorated.

 

11)         Public toilet facilities, including soap, toilet tissue, paper towels or hand dryers.

 

b)         Not provided:

 

1)         Lettering of doors and windows (but all lettering and signs on doors or windows) must be approved by DCMS.

 

2)         Furnishing of venetian blinds where they do not now exist.

 

3)         Carpets, rugs, or repairs thereto.

 

4)         Repairs to asphalt tile flooring or other floor covering except in emergency.

 

5)         Furniture or furniture repairs.

 

6)         Alterations or changes to the building or the electrical, plumbing or ventilating systems or mechanical equipment.

 

7)         Air conditioning or electricity or water to operate any air conditioning equipment in excess of the equipment in operation on January 1, 1982.

 

8)         Window ventilators and brackets for same.

 

9)         Repair of fluorescent light fixtures or replacements of burned out ballasts.

 

10)         Furnishing, cleaning or repairing desk lamps and fans.

 

11)         Building of shelves.

 

12)         Painting of offices.

 

(Source:  Amended at 20 Ill. Reg. 15002, effective November 7, 1996)

 

Section 5000.440  Alterations

 

No alterations, including painting, to the building are to be made and no air conditioning equipment, partitions, carpet, copy machines, etc., are to be installed without written permission from DCMS.  All outside workmen and contractors whose work relates to the physical structure of the building must be approved by DCMS before they perform any work in DCMS buildings.

 

Section 5000.450  Local Requirements

 

To conform to local building and staff needs, additional requirements dealing with elevator service, parking, moving and delivery and other service may be stated as necessary.

 

Section 5000.500  Space Inspections and Surveys

 

DCMS may conduct space inspections at periodic intervals on a community, building, or agency basis as appropriate of State-owned and leased space. Inspections would be made in an orderly manner, on the basis of a floor-by-floor and room-by-room check of all assigned space.  The agency would be provided with a written summary of significant findings and recommendations, together with data concerning improvements which can be effected by the agency, and those which are planned by DCMS.  A survey questionnaire, to be filled out by the agency, may substitute for or supplement a physical inspection.  Validity of questionnaire information may be verified by periodic physical inspection of a representative sample.

 

Section 5000.510  Responsibility of Agencies

 

It is the responsibility of agencies to assist and cooperate with DCMS in the assignment and utilization of space, including the furnishing of data relative to the use of the space occupied, and personnel housed or to be housed.  It is the further responsibility of the agencies continuously to study and survey space occupied by them to ensure efficient and economical space utilization.  It is also the responsibility of those agencies to report to DCMS any space which is excess to their needs and which might be assigned to other agencies.

 

Section 5000.520  Release of Space not Fully Utilized

 

The space utilization program is designed to effect maximum efficient utilization of State-owned and controlled space.  Space for which there is no current or foreseeable need by the occupying agency will be considered available for reassignment or other appropriate action.  Underutilized leased space will not be renewed or extended under normal circumstances.

 

Section 5000.530  Notice to DCMS of Relinquishment or Termination of Space

 

a)         DCMS shall be notified by any agency occupying space assigned or leased by DCMS at least 120 days prior to the date on which the space, or portion thereof, will no longer be needed.  In no event, however, shall such notice be given less than 30 days prior to the date on which a lease termination notice must be issued.  Such notification shall be submitted in writing to the DCMS office responsible for the geographical area in which the space is located, giving a description of the space involved, its location and the estimated date of release.  When a portion of space is released, it must be consolidated and accessible for reassignment.  Any alteration required to make such space consolidated and accessible will be borne by the using agency.  The appropriate DCMS office may will reassign or dispose of the space.

 

b)         When an agency is responsible for operation, maintenance, and protection of State-owned space to which it has been assigned by DCMS, and the agency determines that such space, or a portion thereof, is no longer needed, the agency shall so notify DCMS at least 6 months prior to relinquishing the space in the same manner as indicated in paragraph (a) of this Section.  The operation, protection, and maintenance of the real property or portion thereof to be released shall continue to be the responsibility of the agency.

 

Section 5000.600  Excess Real Property Defined

 

Excess property is that State-owned or controlled real property which has no present program need by the holding agency.  Such property may nevertheless be beneficial to the State and should not be permanently disposed of.  Excess property may consist of unused or underutilized office or storage space, buffer zones or greenbelts around State buildings, or farm or other lands needed for possible future expansion.

 

Section 5000.610  Reports of Excess Real Property

 

Excess real property shall be reported to CMS on the Annual Real Property Utilization Report Form by October 30 of each year.  The annual report contains cumulative information for the fiscal year preceding the current October 30.  Reports of excess real property are also to be submitted each month as property becomes available.  Advance notice of property becoming excess should be given as soon as possible.

 

(Source:  Amended at 31 Ill. Reg. 99, effective December 20, 2006)

 

Section 5000.620  Utilization of Excess Real Property

 

Excess real property reported to DCMS will be screened for possible utilization by other State agencies.  Agency space requests will be compared with excess real property reports.  If the excess real property can reasonably fulfill the space request, the excess real property will be made available for the requesting agency in preference to obtaining leased space.

 

Section 5000.630  Charges for Use of Excess Property

 

The agency using excess real property will not be charged any rent for use of the property unless the holding agency has a special fund established in the State Treasury for that purpose.  The using agency may, however, be required to pay directly its proportionate share of utility and other service cost.

 

Section 5000.640  Temporary Occupancy

 

An agency utilizing excess space is to consider the assignment terminable upon need of the holding agency.  The holding agency shall give at least six months notice of intent to reuse the space to both DCMS and the using agency in order to allow sufficient time to obtain substitute space.

 

Section 5000.650  Disputes

 

Disputes between the holding and using agencies will be determined by the Department of Central Management Services.

 

Section 5000.660  Non-State Use

 

a)         Excess Real Property

 

1)         Excess real property which cannot be used by a State agency may be leased to the public, with governmental units being the preferred tenants, for periods of time not to exceed five years unless longer periods are authorized by statute.  Vacant land shall be leased for periods of longer than five years if one of the following conditions is present:

 

A)        The lease is made with an organization which is providing program-related services to a State agency, a not-for-profit organization or a unit of local government and those services require the lessee to make permanent capital improvements to the leased land.

 

B)        A longer lease term is specifically authorized by statute.

 

2)         Rental shall be at the current fair market value payable to the proper State Treasury account in cash except that leases of Department of Corrections property for farming may be paid by crop share to the State.  Receipts payable by income in kind shall be strictly documented by grain receipts or other generally accepted accounting practices to verify value of income paid in kind.  Rental may be waived or reduced to less than fair market value upon a showing of clear advantage to the State.  Use of property for agency program related purposes or to prevent waste of the property are examples of clear advantage.

 

b)         Leases of excess property for office or storage use shall be accomplished by direct negotiation or sealed bidding pursuant to 44 Ill. Adm. Code 1.2010.

 

c)         Leases of excess property for farm purposes will be accomplished by sealed bid, pursuant to 44 Ill. Adm. Code 1.2010. A 10% performance bond or other security may be required of the winning bidder.

 

d)         Improvements made to State land will be forfeited to the State unless removed by lessee without damaging State property.  Upon removal, lessee will restore the State property to its original condition unless specific written permission to the contrary is given.

 

(Source:  Amended at 22 Ill. Reg. 20545, effective November 16, 1998)

 

Section 5000.700  Surplus Real Property Defined

 

Surplus real property ... means any real property to which the State holds fee simple title or lessor interest, and is vacant and determined by the head of the owning agency to no longer be required for the State agency's needs and responsibilities and has no foreseeable use by the owning agency. [30 ILCS 605/7.1]

 

(Source:  Amended at 48 Ill. Reg. 2837, effective February 6, 2024)

 

Section 5000.710  Declaration of Surplus

 

Real property inventories shall be maintained at the minimum necessary to ensure economic and efficient operations.  To that end each agency shall survey property under its control on a continuous basis to identify property which is not needed or which could be better utilized by another State agency.  Property that is not needed for future agency purposes shall be declared surplus.

 

Section 5000.720  Reporting Surplus Real Property

 

Each agency shall submit to CMS the Annual Real Property Utilization Report by July 31 of each year.  The annual report contains cumulative information for the fiscal year preceding the due date.  Reports of surplus real property are also to be submitted each month as surplus property becomes available.  Advance notice of real property becoming surplus should be given as soon as possible.

 

(Source:  Amended at 48 Ill. Reg. 2837, effective February 6, 2024)

 

Section 5000.730  Notice of Availability to State Agencies

 

CMS will notify State agencies of available surplus real property by October 31 of each year for real property declared surplus in the prior fiscal year.

 

(Source:  Amended at 48 Ill. Reg. 2837, effective February 6, 2024)

 

Section 5000.740  State Agency Requests for Surplus Real Property

 

Any State agency may submit a written request to the Director of the Department of Central Management Services, within 60 days of the date of ... notification, to have control of surplus real property transferred to that agency.  The initial request must include reasons for the transfer, intended use of the property and financial ability to maintain the property and other pertinent information.

 

Section 5000.750  Transfer Decisions

 

The Director of the Department of Central Management Services will consider each request to transfer surplus real property.  Transfers shall only be made when the proposed land and anticipated use are consistent with the mission of the transferee.  If two or more agencies request the same property the Director of DCMS will consider the requests and determine which proposed use best serves the State's interests.  The Director may also determine that sale to the public would be more advantageous.  In making such decisions the Director may consult with other governmental officials or the public.  Sale to the public would, for example, be more advantageous if the value of the property were greater than the cost of putting the State program elsewhere.

 

Section 5000.760  Transfer Procedures

 

a)         The agency holding surplus property (transferor agency) will, at the time of transfer execute a quitclaim deed conveying the property to the State of Illinois.  This deed will be recorded by DCMS and a copy maintained in DCMS and State Archives files.  At the same time the transferor agency will execute a Memorandum of Transfer using the form provided by DCMS.  This form will be maintained by the transferor and transferee agency,  DCMS and the State Archives.

 

b)         The transferor agency will remove all items of equipment or commodities not accepted by the transferee agency.  The property is to be turned over "as is" but cleaned with all trash removed.

 

Section 5000.770  Transfer to Department of Central Management Services

 

Surplus real property will normally be maintained by the transferor agency until disposal.  No surplus real property shall be transferred to DCMS control except with the prior written approval of DCMS.  Unless specifically waived, acceptance will be conditioned upon the following:

 

a)         ability of DCMS to obtain an appropriation sufficient to prevent deterioration,

 

b)         receipt of full legal description, title documents and building records,

 

c)         proper and orderly shut-down of transferor agency operations, including payment of all outstanding bills, removal of unwanted items of equipment and commodities, removal of all trash and leaving premises clean.

 

Section 5000.780  Subsequent Disposal

 

A transferee agency may not later dispose of property transferred pursuant to the State Property Control Act except with the approval of the Director of the Department of Central Management Services.

 

Section 5000.790  Sale of Surplus

 

Surplus real property which is not transferred to another State agency shall be sold.  No surplus property shall be sold for less than fair market value.  For property valued by the Director of DCMS at more than $5,000, fair market value will be established by averaging two appraisals and adding to that the cost of the appraisals.  If the property is not sold at that price, new appraisals may be requested.

 

(Source:  Amended at 47 Ill. Reg. 14432, effective October 2, 2023)

 

Section 5000.800  Notice of Sale to Local Governments

 

DCMS will send notice of the availability for sale of surplus property to the governmental bodies in the county in which the property is located including county board and all incorporated cities, towns and villages. Notice may also be sent to any other governing body listed in files maintained by the State Board of Elections.  A notice will also be placed in a newspaper having general circulation in that county.

 

Section 5000.810  Local Government Offer to Purchase

 

a)         Any local governing body may submit a binding offer to purchase the property for not less than the established fair market value.  Such offer must be received within 60 days of the date of notice given to the governing body.  Offers received late may be accepted unless public sale would be more advantageous.

 

b)         If two or more acceptable offers are received sale will be made to the highest bidder.  However, if the city, town or village in which the property is located bid on the property they will be given 10 days from bid opening to match the higher bid.  If the higher bid is matched the sale will be made to the city, town or village.

 

c)         In the event of tie bids the first bid received will be accepted except as provided in B above.

 

Section 5000.820  Public Sale

 

If no acceptable offer is received from a local governmental unit, DCMS will offer the property for sale to the public.  Any local governmental unit may participate in the public sale.

 

Section 5000.830  Public Sale Procedures

 

a)         DCMS will place "For Sale" signs on the property and will advertise the property in the Official State Newspaper and a county paper of general circulation.  The advertisement shall run at least 3 separate times in each paper and shall appear not less than 15 or more than 30 days prior to the sale.  The advertisement will briefly describe the property, give the minimum allowable bid and tell where additional information may be obtained.

 

b)         The property will first be offered at public auction.  This auction will be with reserve.  Written bids, if any are submitted, will be opened and read at the beginning of the auction.  Voice offers must exceed any written bid.

 

c)         If the property cannot be sold at the fair market value, DCMS may have new appraisals made to determine a new fair market value and again offer the property for sale at public auction.

 

d)         All offers from the public to bid must be accompanied by cash, certified or cashiers check or money order, in amount to equal to 10% of the fair market value.  This amount will be applied to reduce the purchase price.  If the sale is not completed, the amount will be forfeited to the State as liquidated damages.

 

e)         Full payment is required on the date and terms specified in the request for bids or as proposed in the bid of the highest responsible bidder.  In accepting bids, the Department shall give preference to bidders proposing a cash purchase.  In the absence of an offer to purchase the property for cash by a responsible bidder, the Department may accept other bid proposals.  The acceptance of other bid proposals shall be conditioned on:

 

1)         the purchase price offered;

 

2)         the terms of the offer;

 

3)         the financial responsibility of the bidder; and

 

4)         the type and nature of the property involved.  If payment is delayed beyond the due date established by the request for bids, the balance shall bear interest at a rate acceptable to the Director.  Such a rate shall be set to insure maximum practical return to the State, but shall in no case be lower than the most recent State bond sale rate.

 

f)         All conveyances will be by quitclaim deed only and will be subject to any existing uses or leases of the property.

 

(Source:  Amended at 7 Ill. Reg. 7825, effective June 22, 1983)

 

Section 5000.840  Non-State Interim Use

 

a)         The Director of DCMS may lease or permit the use of surplus real property to the public.  Such lease or permit shall be for the period between the declaration of surplus and transfer or disposal.  The lease or permit shall be for monetary consideration equal to the fair market value, unless clear advantage to the State is shown for some other arrangement.

 

b)         If attempts at sale fail, the Director may lease or permit the use of the property for a period of time not to exceed one year.  Any such use shall be appropriate to the property and shall not diminish the value of the property.  The lease or permit shall be for monetary consideration equal to fair market value.

 

Section 5000.900  Applicability

 

This Subpart is applicable to the use of the Peoria Regional Office Building, Springfield Regional Office Building, Champaign Regional Office Building, Marion Regional Office Building, Kenneth Hall Regional Office Building, East St. Louis, Rockford Regional Office Building, Michael A. Bilandic Building, Office and Laboratory Building, Central Computer Facility, Elgin Office Building, James R. Thompson Center (commonly referred to as the JRTC), Chicago Medical Center, E.J. "Zeke" Giorgi Center, Rockford, Suburban North Facility and the Communications Center pursuant to 20 ILCS 405/405-315.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.901  Building Access and Security

 

a)         The Director of Central Management Services or a designated Associate Director or Assistant Director of the Department of Central Management Services may suspend all or a portion of this Subpart when deemed necessary to ensure the continuation of State business and the protection of State property, as well as the health and safety of the public, State employees and elected officials.  During the suspension, the Director may establish (and reasonably change) policies without notice and limit or prohibit access to facilities. Any suspension shall be reconsidered on a monthly basis and shall be lifted when, in the discretion of the Director, the suspension is no longer necessary to ensure the continuation of State business or to protect State property, health or safety as provided in this subsection.

 

b)         Persons or groups wishing to appeal the suspension may appeal directly in writing to the Director of Central Management Services at the office in either Springfield or Chicago.  The Director shall respond to all such appeals within two business days after receipt.  Suspensions of access or activities made under this Subpart shall not apply to fee schedules and space allocations except as to a suspension to rent/allocate space grounded in security concerns.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.902  Security

 

a)         Persons seeking entrance to CMS facilities must display the following to security personnel:

 

1)         State issued identification;

 

2)         Picture identification; persons furnishing picture identifications may also be required to sign in and out;

 

3)         Other acceptable credentials such as military or law enforcement identification.

 

b)         All vehicles using parking at a facility may be subject to search as a condition of parking.

 

c)         All parcels, bays, delivery mail and other items may be subject to search or screening.

 

d)         Persons entering buildings may be subject to metal, explosive or other screening.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.910  Definitions

 

            "Authorized Representative" means an employee of the Department authorized by the Director to act on his behalf.

 

            "Building" or "Buildings" means the buildings named in Section 5000.900 of this Subpart.

 

            "Building Manager" means the resident manager or engineer of the facility who is responsible for day to day operations of the Facility.

 

            "Commercial Activity" means an activity whose primary purpose is to obtain a profit for the benefit of an individual or business entity organized for profit.

 

            "Demonstration" means a public expression of a point of view that could be in the form of protesting, picketing, marching, rallying, holding vigils, and all other forms of public expression that involve oral communication or conduct expressing a particular view or grievance engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd of onlookers within 100 feet of the buildings named in Section 5000.900 of this Subpart.  Demonstration shall also mean protesting, parading, picketing, public speaking, holding vigils, sit-ins or other activities conducted for the purpose of voicing approval or disapproval of governmental policies or practices (or the lack thereof), expressing a view on public issues or bringing into public notice any issue or other matter.  However, nothing herein shall be construed to govern lobbyists or lobbying as defined by the Lobbyist Registration Act [25 ILCS 170] nor shall a demonstration mean the peaceful contact or discussions by one or more persons with elected representatives or with executive branch officials concerning their view on public or personal issues.  Demonstration shall not include conduct that is obscene, indecent, violent or otherwise punishable by law.

 

            "Department" means the Department of Central Management Services (CMS).

 

            "Director" means the Director of the Department of Central Management Services (CMS).

 

            "Exhibits" means a stationary array or display of material including, but not limited to art work, books, photographs, charts, graphs, historical depictions or promotional items presented for informational purposes.

 

            "Grounds" shall mean the grass area, garden areas, outside areas of the building, the atrium and concourse levels at the JRTC and all parking areas of the building.

 

            "Interfere" or "interference" shall mean the type of conduct that by its nature tends to hinder, disrupt or obstruct the orderly function of the official enterprises being carried on in the building.

 

            "Security Personnel" means contractual security guards or local, county or Illinois State Police.

 

            "Special Event" means a commercial activity, reception, conference, production, performance, ceremony, gala, or any after-hours activity conducted by an  entity, including but not limited to State agencies, corporations, not-for-profit organizations, private individuals or groups.

 

            "Structure" shall mean anything built by any person or persons of any material for purposes of display, residence or as part of a demonstration. This term shall not refer to anything built pursuant to a State contract for construction, remodeling, or repair of any State property or a building defined in Section 5000.900.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.920  Business Hours and Public Access

 

a)         The public business hours of the JRTC are 6:30 a.m. to 6 p.m. Monday through Friday and 10 a.m. to 4 p.m. Saturday, Sunday and holidays.

 

b)         The public business hours of the other buildings are 7 a.m. to 6 p.m. Monday through Friday, except holidays declared by the Governor pursuant to Section 5-635 of the Civil Administrative Code of Illinois [20 ILCS 5/5-635].

 

c)         Entrance to any building other than during the times stated in subsection (a) of this Section is prohibited, except that the following persons who shall be admitted to office areas assigned to them for their use in carrying out their official duties:

 

1)         members of the General Assembly;

 

2)         employees of the General Assembly;

 

3)         employees of the executive departments whose offices are in the building;

 

4)         any authorized maintenance, repairer, contractor or other service employee, while performing duties that have been arranged for by the Department; and

 

5)         any person who is specially requested to enter into any building or office by an authorized individual listed in subsection (b)(1) through (4) of this Section.

 

d)         Proper identification of all persons, such as a press pass, government identity card, a driver's license or other document that shows the identity of the person, may be demanded by security personnel, and all persons will be required to sign in and out of a building after 6 p.m. and before 7 a.m.  Only one entrance shall be open after the public business hours.  Factors to be considered in which identification may be requested include, but are not limited to:  the security guard does not recognize the individual; the behavior of the individual; and accessibility to office areas, work areas and restricted access areas.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.930  Prohibited Activities

 

a)         No animals, except guide dogs to assist handicapped persons, shall be permitted in the buildings.

 

b)         No person or organization shall camp, erect a tent, monument (except as authorized by the Department to commemorate a deceased public official or a historical event), structure, portable toilet, platform, sign or similar device on the grounds of or within the buildings except as provided in subsection (f) of this Section.

 

c)         No person or organization shall block, obstruct, or impede any doorway, stairway, corridor, escalator, elevator, convenience or facility in the building.

 

d)         No posters or signs may be carried above the first floor of the buildings except with written permission of the Building Manager or security personnel.  Permission will be granted only if the posters or signs will not interfere with State business.  No sticks, poles or laths may be used to carry any sign or placard into the buildings.  No chains or ropes may be carried into the buildings, except by authorized workers and State employees, without the written permission of the Building Manager.

 

e)         No person or group of persons shall use any electronic loudspeaker, bullhorn or other amplifying device within the buildings or grounds, unless prior permission is granted pursuant to Section 5000.940(d).

 

f)         No signs, posters, stickers or decals for demonstration purposes may be affixed in any way to the walls, railings, floors or ceilings of the buildings. No structures (including tents) in the buildings or on the grounds may be erected without the written permission of the Department pursuant to Section 5000.940.  Permission shall be granted only if the:

 

1)         structure is part of symbolic expression in the exercise of free speech guaranteed by the First Amendment to the United States Constitution and Article I, Sections 4 and 5 of the 1970 Illinois Constitution; and

 

2)         signs, posters, stickers or decals will not deface or damage the walls, railings, floors or ceilings of the buildings.

 

g)         The display of commercial signs, placards, or other forms of advertisement, or the sale, display, or vending of commercial products or articles in the buildings or on the grounds is prohibited, except pursuant to contract with the State.

 

h)         The noise level from demonstrators, picketers, and protesters of within the building shall not exceed a decibel level of 85dB(A).  If the noise level from these persons exceeds this limit, the Building Manager or other authorized representatives shall direct all persons to decrease the noise or to reduce the numbers of people within the building to lower the noise level to a maximum of 85dB(A).

 

i)          No person or organization shall damage, destroy, remove, deface, defile, tarnish, or injure in any way State property within the buildings or on the grounds.  All persons and organizations engaging in this type of prohibited activity will be responsible for all costs, expenses, damages, and liability resulting from their own actions or the actions of persons or organizations controlled or directed by them at the time of the damage to State property.

 

j)          Any violation of the prohibited activities listed in subsections (c) through (i) of this Section or failure to follow requests of security personnel may result in individuals or groups being removed from the premises.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.940  Demonstrations

 

a)         Any demonstration near the buildings or on the grounds is prohibited unless a permit for the activity is issued by the Department or its authorized representatives.  Demonstrations are prohibited in the buildings. A written request addressed to the Building Manager must be submitted at least 48 hours in advance of an event, unless the requester can show, by the preponderance of the evidence, that the cause or reason for the  demonstration, was not known, contemplated or reasonably foreseeable, or resulted from changed circumstances not in existence within those 48 hours.  No request shall take precedence over an activity that was previously scheduled and approved by the Department unless approved by the Department.  The Department or Building Manager will employ the following elements in evaluating whether another event may be permitted:  whether the facility needs to be used for governmental purposes or whether the new request can be accommodated without disruption to the previously scheduled event.  Notwithstanding the foregoing, events may be canceled in cases involving natural disaster, public health or safety concerns (e.g., floods, civil disturbance, riots, etc.).

 

b)         The written request shall state the name of the individual or organization seeking to use the ground.  The request shall also list the names and addresses of all officers or leaders of the organization, the grounds desired to be used, the purpose of the demonstration, the dates and times sought, equipment to be used or supplied, and the estimated number of participants.  Only the requesting individual or organization is permitted to use the grounds for a demonstration.  No State agency or State employee may sponsor or make a request on behalf of any organization or individual.

 

c)         Any group seeking a permit that will have 100 or more participants at any demonstration shall have one marshal per 25 participants. Marshals will be identified by insignia supplied by the Building Manager or security personnel.  The marshals' duties shall include making certain, to the best of their ability under the circumstances, that the conditions of the permit are met, that compliance with the rules occurs, that the demonstrations remain peaceful and orderly and that the participants remain within the physical boundaries of the permit.

 

d)         The Department or its authorized representatives will issue a permit to an applicant unless they find that the intended activity will:

 

1)         Unreasonably interfere with the movement of vehicular traffic in the parking lots of the buildings, loading docks or persons within the buildings or on the grounds;

 

2)         Not occur in the area designated and will create or cause a health and/or safety hazard and will impede substantially the performance of State business or the retail businesses in the JRTC;

 

3)         Endanger the health and safety of the public;

 

4)         Be a commercial activity;

 

5)         Conflict in date, time, and place with a previously scheduled activity of another applicant or a government agency, unless approved by the Building Manager; or

 

6)         Create an unreasonable risk of damage to State property.

 

e)         No permit will be denied on the basis of the viewpoint of the group seeking the permit or the content of the demonstration.  A permit issued by the Department to hold a demonstration does not allow the individuals or groups to engage in activity prohibited by Section 5000.930.  Failure to cease a prohibited activity may result in individuals or groups being removed from the premises by security personnel.

 

f)         Applicants denied a permit may modify their request to meet the objection and concerns of the Building Manager and may resubmit their application for consideration.

 

g)         A written request in letter form addressed to the Building Manager shall be considered an application.  A written response from the Department or its authorized representative approving part or all of the application shall be considered the permit.  The written response shall state, if applicable, the reasons for denying, in whole or in part, the request.  The Department or its authorized representative is required to show that an unreasonable interference or prohibited activity will occur or is occurring when they deny the request in whole or in part.

 

h)         A person or organization denied a permit, in whole or in part, may appeal the denial to the Director. The appeal must be submitted at least 24 hours prior to the time of the requested demonstration, to allow the Director time within which to consider and decide the appeal.  The Director's decision shall be in writing and shall be made at least 2 hours prior to the requested demonstration's starting time.

 

i)          Demonstrations on the grounds may only be held during normal business hours.  All participants must disperse and structures must be removed at the close of the business day.  Failure to vacate the premises will be grounds for security personnel to remove all participants and structures from the grounds.

 

j)          Violations of the provisions of the permit issued by the Department will also be grounds for removal from the premises.  Any requested exemption from the provisions of this Section must be approved by the Director.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.950  Exhibits and Special Events

 

a)         All organizations or individuals that are permitted to use the buildings shall be required to execute an agreement to indemnify and hold harmless the State from any injury or damage caused by their members' or participants' negligence or willful misconduct.  The organization or individual shall restore the used areas to their pre-use appearance and condition, less reasonable wear and tear, and the Building Manager shall be the final decision-maker on the clean-up of the used area.  Only the requesting organization or individual is permitted to rent space in the buildings for a special event or exhibit.  No State agency or State employee may sponsor or make a request on behalf of any organization or individual.

 

b)         Special events and exhibits at the buildings may be requested up to two years in advance of the date for the special event or exhibits. Requests must be in writing and submitted to the Special Events Office or Building Manager.  All requests for special events and exhibits will be filled on a first-come first-served basis.  A letter of confirmation or rejection will be issued within 10 working days from receipt of the request.

 

c)         The areas available for special events at the JRTC are located on the concourse level, atrium level, assembly hall, outdoor plaza and covered arcade, second floor conference/hearing rooms and State agency office areas upon prior written permission from the respective State agency. Exhibits are allowed only in the atrium lobby level of the JRTC unless permission is granted by the Department to use another part of the JRTC. 

 

d)         Organizations wishing to use the buildings should contact the Special Events Office or Building Manager for the applicable fee for the space they intend to use at a building. Minimum and maximum rental fee ranges and conditions for the JRTC and all other buildings are in Appendix B of this Part.  An increase/reduction from the minimum/maximum rental rate may be required or granted, based on the following factors: whether the scheduled event is conducted during government business hours or with another event; relative anticipated safety considerations of the scheduled activity; and market prices for competing facilities in the nearby metropolitan areas.  The Building Manager or office will maintain a fee schedule for the building.  All payments are due prior to the special event or exhibit, with the exception of clean-up fees that are due within 10 calendar days after billing, unless prior permission is granted by the Special Events Office or Building Manager.  All requests for delayed payment must be submitted in writing on the requesting organization's letterhead.  All payments shall be made to the Office of the Building or Special Events Office within 10 days after the event.  If payment for services is not received within 10 days after the event, or within the specified time as outlined in the lease agreement, a reminder notice will be sent to the event sponsor.  If after the reminder notice, payment has not been received, the CMS Legal Department will be notified and legal action will be taken to secure full payment for services.

 

e)         Film crews and photographers for commercial purposes are permitted at the JRTC with permission of the Special Events Office.

 

f)         Any user (excluding State agencies) conducting a special event must provide prior to the special event an estimated number of attendees and a certificate of insurance in the minimum amount of $1,000,000 identifying the Department as an additional insured.  Failure to provide proof of insurance shall serve as grounds for termination of the lease agreement.  Further information on any insurance requirement is available from the Special Events Office or Building Manager.

 

g)         Any user (excluding State agencies) shall provide evidence of insurance coverage prior to an event or exhibit, if requested  by the Building Manager. A signed copy of the lease agreement, evidence of insurance coverage, if requested for an event or exhibit, and base rental fee are due prior to the special event or exhibit. All leasing arrangements shall be confirmed by the JRTC Office.  Confirmation shall be by letter, fax or telephone call, a copy of which will be maintained by the Office.

 

h)         A minimum of one planning meeting, either by phone or in person, must be held with the Building Manager or the Manager's representative at least one week prior to the special event.

 

i)          All food and beverage services for special events conducted in the JRTC must be provided in accordance with the terms of the Department's commercial lease with its master tenant.  Further information is available from the Office of the Building.  Food and beverage service at the buildings must be coordinated with the Building Manager.

 

j)          Exhibits may not exceed 8 feet in height or block entrances, fire exits and hallways and must comply with all fire codes regulations.  Exhibits also may not obscure the view of Atrium Mall shops at the JRTC during business hours.

 

k)         The State does provide some audio/visual equipment.  This service is available on a first-come, first-served basis.  Rental fee will vary based on the type of equipment requested.  Limited set-up assistance is provided.  The State accepts no responsibility for loss or damage to any part of an exhibit.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.960  Distribution of Leaflets

 

a)         No organization or individual shall distribute leaflets to persons entering the buildings or in the atrium or concourse levels of the JRTC without written permission from the Department. Leaflet distribution shall not be allowed in any automobile parking area under the control of the Department or within business areas in the buildings.

           

b)         All requests to distribute leaflets must be submitted in writing at least 48 hours in advance of the activity to the Building Manager, unless the criteria for requests within less than the 48 hours set forth in Section 5000.940 of this Subpart are met. The Department shall consider the factors listed in Section 5000.940(d) to determine whether permission shall be granted to distribute leaflets on the grounds.

 

c)         A request shall include the name of the organization, estimated number of distributors, amount of time needed, and beginning and ending dates of the activity.  The request must also include a copy of the leaflet to be distributed.

 

d)         Each person engaged in activities approved by the Department must wear a badge containing the individual's and organization names.  The organization and its members agree they will not harass or attempt to compel the public in any activity approved by the Department under subsection (a) of this Section. The distributor may approach a person for the purpose of handing the person a leaflet if the person consents to being approached.  Distributors also agree to stay in the area designated by the Department and shall not interfere with the business being conducted at the building.  Failure to follow the rules may result in the organization or individual being removed from the premises and permission being denied to continue the activity.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)

 

Section 5000.970  Severability

 

If any part of these rules shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts hereof.

 

(Source:  Added at 17 Ill. Reg. 1006, effective January 19, 1993)

Section 5000.APPENDIX A   Space Standards

 

These space standards guide the design of interior spaces by establishing policies and requirements to provide State employees with functional work environments appropriate for their required tasks, maximize the efficient use of space, and enhance work areas for all employees and the public.  Please note that, in some cases and based upon operations, unique functions and existing building conditions and dimensions that do not meet the space requirements of this Appendix may be greater and/or smaller than what is indicated. DCMS will evaluate and make final recommendations on a case by case basis.

 

These space standards will be reflected in the Space Request form, which is available from DCMS.

 

In the analysis of the basic units of activity, the following standards of space were developed to reflect the requirement of recurring, typical activities.  The standards provide the occupant of each work station with space sufficient to conduct his/her business in an efficient manner.  The amount of space allocated to each activity type includes allowances for various units of equipment and intrawork station circulation.  Additional allowances are used for supporting space for each job position, as well as general circulation, conference rooms, reception area, special storage, and other unusual space requirements.

 

A)        Enclosed Interior Office Space Standards

Enclosed private office space for agency Directors, Deputy Directors, the head of a Division, Bureau or Office, and similar employees requiring space to conduct private and confidential business shall be sized in accordance with one of the following 3 types.

 

1.         Small Office Type: 100 through 120 SF

 

2.         Medium Office Type: 120 through 150 SF

 

3.         Large Office Type: 225 through 250 SF

 

B)        Open Interior Work Station Space Standards

 

1.         All open interior work stations shall be sized in accordance with the following (for work stations and cubicles):

 

a.         Bench Type: 25 SF to 30 SF work areas and desks, with or without separators

 

b.         Small Cubicle Type*: 36 SF

 

c.         Medium Cubicle Type: 48 SF

 

d.         Large Cubicle Type: 64 SF to 80 SF

 

2.         Huddle/Collaboration Areas:

 

a.         For 4 Staff: 64 SF

 

b.         For 6 to 8 Staff: 144 SF

 

c.         For 10 to 14 Staff: 225 SF

 

3.         Reception Areas:

 

a.         With No Waiting: 100 through 120 SF

 

b.         With 4-6 Chairs for Waiting: 144 through 160 SF

 

c.         With 8-12 Chairs for Waiting: 225 through 250 SF

 

Part-time or Field Personnel

Whenever personnel use the assigned space less than 50% of the work week, the area allowances shall be adjusted to maximize efficient space utilization.  Generally, 60 square feet or less should be adequate.  If operational requirements permit, desks and space should be shared by multiple staff.

 

C)        Common Space Standards

 

1.         New conference rooms shall have appropriate sizes (20 SF per person with required circulation and clearances) and may be smaller in size than the dimensions listed in a, b and c.  All requests shall be evaluated by DCMS to determine the size of the conference room that can be constructed:

 

a.         Small Conference Room for 6 to 10 Staff: 100 through 144 SF

 

b.         Medium Conference Room for 14 to 16 Staff: 400 through 425 SF

 

c.         Large Conference/Training Room for 20+ Staff: 625 through 750 SF

 

2.         Breakrooms and Kitchenettes:

 

a.         Small Breakroom: 120 through 150 SF

 

b.         Medium Breakroom for 8 to 10 Staff: 225 through 250 SF

 

c.         Large Breakroom for 20+ Staff: 400 through 425 SF

 

3.         New storage area requests will be evaluated by DCMS to determine if physical walls are required.  DCMS will determine the appropriate size of the storage room, which may be smaller than the following dimensions:

 

a.         Small Storage Area: 100 through 150 SF

 

b.         Medium Storage Area: 225 through 250 SF

 

c.         Large Storage Area: 400 through 425 SF

 

D)        Federal Space Standards

Agencies requesting to use standards other than those established in this Appendix shall supply a copy of those standards to DCMS.  In instances in which federal regulations require the use of federal space standards, the agency shall estimate its space requirements in accordance with the federal standards.

 

(Source:  Amended at 44 Ill. Reg. 14851, effective September 1, 2020)

Section 5000.APPENDIX B  Rental Fees

 

All non-State user groups must show proof of $1,000,000 of liability insurance coverage for after building hours events.

 

FEE SCHEDULE

JAMES R. THOMPSON CENTER

 

Private/Corporate Organizations   Concourse & Atrium Level Special Events:   Base Rent:  $2,500 minimum for 250 people or less.   Additional Charge:  $2 per each person over 250   Monday – Friday 6:00 p.m. to 1:00 a.m.   Weekends/Holidays 8:00 a.m. to 1:00 a.m.   Atrium Exhibits:   Base Rent:  $250 per day   Maximum Period:  1 week   Monday – Friday 8:00 a.m. to 6:00 p.m.   Assembly Hall:   Base Rent:  (2 hour minimum)   Monday – Friday 8:00 a.m. to 6:00 p.m. $200 per hour Maximum of $1000 per day   Weekends/Holidays 8:00 a.m. to 1:00 a.m. $300 per hour Maximum of $1500 per day   Outdoor Plaza/Covered Arcade:   Base Rent:  $750   Monday – Friday 8:00 a.m. to 9:00 p.m.

Not-For-Profit Organizations   Concourse & Atrium Level Special Events:   Base Rent:  $1,300 minimum for 250 people or less.   Additional Charge:  $2 per each person over 250   Monday – Friday 6:00 p.m. to 1:00 a.m.   Weekends/Holidays 8:00 a.m. to 1:00 a.m.   Atrium Exhibits:   Base Rent:  $125 per day   Maximum Period:  1 week   Monday – Friday 8:00 a.m. to 6:00 p.m.   Assembly Hall:   Base Rent:  (2 hour minimum)   Monday – Friday 8:00 a.m. to 6:00 p.m. $175 per hour Maximum of $500 per day   Weekends/Holidays 8:00 a.m. to 1:00 a.m. $250 per hour Maximum of $500 per day   Outdoor Plaza/Covered Arcade:   Base Rent:  $300   Monday – Friday 8:00 a.m. to 9:00 p.m.

 

FEE SCHEDULE

OTHER STATE BUILDINGS

 

PRIVATE/CORPORATE:
Auditorium	$50/$57.50 per hour
Dining Room and/or Patio**	$300/$345 maximum
Large Conference Room
Small Conference Room	$25/$28.75 per hour
	$125/$143.75 maximum
STATE AGENCIES:
Auditorium	No charge
Dining Room and/or Patio
Large Conference Room
Small Conference Room
EQUIPMENT AVAILABLE:
Overhead Projector (2)	$10
52" TV & VCR	$10
35 mm Slide Projector	$10
55 Cup Coffee Maker (2)	No Charge
	User supplies full coffee service

 

All equipment must be returned in same condition received.

 

State agencies are not charged for equipment use.

 

**Additional $100/$115 fee for this space when attendance exceeds 200.

 

CLEANING

 

All after hours user groups will be charged a cleaning fee based on attendance, should the condition of the space used require it.

 

Under 100	$25/$28.75
100-200	$50/$57.50
Over 200	$75/$86.25

 

PROCEDURES AND REGULATIONS

 

A tentative hold may be placed on space via telephone.

 

Permanent hold on space must be done by letter of request from user group.

 

All non-State user groups must show proof of $1,000,000 liability insurance coverage for after hours events.

 

EVENT HOURS:

 

Monday – Friday:	5:00 p.m. – 1:00 a.m.
Saturday & Sunday:	8:00 a.m. – 1:00 a.m.

 

FINALIZING EVENT:

 

Meeting between building staff and user group to take place 1 month prior to event.

 

Signed contract, certificate of insurance, and check for full amount due 2 weeks prior to event.

 

(Source:  Amended at 30 Ill. Reg. 14094, effective August 10, 2006)